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McMillan v. State

District Court of Appeal of Florida, Third District
Apr 14, 2010
34 So. 3d 106 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D09-2416.

April 14, 2010.

Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.

Cortez McMillan, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, C.J., GERSTEN, J., and SCHWARTZ, Senior Judge.


Cortez McMillan ("the defendant") appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm in part, and remand for further proceedings.

In his initial motion, the defendant raised two issues. Thereafter, he filed two amendments to his Rule 3.850 motion, raising three additional issues. The trial court denied the issues raised in the initial motion, but has not yet ruled on the issues raised in the amendments to the motion.

Accordingly, we affirm the trial court's order denying on issues one and two, but remand for further proceedings on issues three through five.

Affirmed in part, and remanded for further proceedings.


Summaries of

McMillan v. State

District Court of Appeal of Florida, Third District
Apr 14, 2010
34 So. 3d 106 (Fla. Dist. Ct. App. 2010)
Case details for

McMillan v. State

Case Details

Full title:Cortez McMILLAN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 14, 2010

Citations

34 So. 3d 106 (Fla. Dist. Ct. App. 2010)